Gam Sales Co.

National Labor Relations Board - Board Decisions

Dec 15, 1947

75 N.L.R.B. 536 (N.L.R.B. 1947)

In the Matter of GAM SALES COMPANY, EMPLOYER and INTERNA-
TIONAL PRINTING PRESSMEN AND ASSISTANTS' UNION OF NORTH
AMERICA, LOCAL UNION No. 68, AFL, PETITIONER
Case No. 13-R-4457.-Decided December 15, 1947
Mr. Jay J. Alloy, of Peoria, Ill., for the Employer.
Mr. R. C. Stevens, of Louisville, Ky., for the Petitioner.
Mr. R. E. Haskin, of Chicago, Ill., for the Intervenor.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Peoria,
Illinois, on July 22, 1947, before Gustaf B. Erickson, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following : °
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Morris G. Sax, Phil A. Sax, and George D. Sax, doing business as
Gam Sales Company, are partners engaged in the manufacture of
printed specialties such as baseball record sheets, dice sheets, and
tip and baseball tallies at their plant in Peoria, Illinois. During the
past 12 months, the Employer purchased raw materials valued in
excess of $60,000, of which approximately 5 percent was obtained out-
side the State of Illinois. During the same period, the Employer
distributed from this plant finished products valued in excess of
$350,000, of which about 50 percent represented sales to customers
outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
75 N. L. R. B., No. 63.
536
GAM SALES COMPANY
II. THE ORGANIZATIONS INVOLVED
537
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Em-
ployer.
International Brotherhood of Bookbinders, herein called the In-
tervenor,l is a labor organization affiliated with the American Federa-
tion of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
On January 11, 1947, the Employer and the Intervenor entered
into a collective bargaining agreement covering the employees herein
concerned. The agreement is to remain in full force and effect until
January 11, 1948, subject to automatic renewal from year to year
thereafter, in the absence of notice in writing by either party at least
3O days prior to the anniversary date of a desire to terminate or to
modify the agreement. A supplemental agreement, which implements
the 1947 agreement, was executed simultaneously. By its terms, the
latter agreement was to take effect upon ratification by the union
members.
On or about April 26, 1947, the Petitioner notified the Employer by
letter of its claim to representation. The Employer promptly replied
stating that while it was willing to recognize any union which repre-
sented its employees, in view of its present agreement with the Inter-
venor, it would defer recognition pending Board action. The
petition herein was filed May 23, 1947.
The Intervenor contends that its agreement with the Employer is
a valid agreement and constitutes a bar to this proceeding. The
Employer, while affirming the existence of a bona fide agreement with
the Intervenor, asserts that it is not a bar. The Petitioner, on the
other hand, maintains that the 1947 agreement is not valid since it
was not ratified, and that although the supplement thereto was signed,
the 1947 agreement itself was not signed. We need not determine
the issue as to the validity of the 1947 contract since, assuming it to be
i Because of an alleged failure of the Intervenor to provide needed assistance , in such
matters as parliamentary procedure, to its newly formed Local No. 239, which comprised
the employees involved herein, the membership of said Local by unanimo us vote on April 21,
1947, withdrew from the intervenor 's organization Soon thereafter , the Intervenor was
advised by letter of the action taken by the Local , and the charter which it issued in No-
vember 1946 as retuuied to it Dues have not been paid by the Local since the vote to
withdraw In a letter dated May 14, 1947, the Intervenor, without mentioning the notifi-
cation of withdrawal, advised the Local,that it was delinquent in the payment of dues
for the month of Apiil and that it would be suspended if said dues were not paid by the
end of the month
538 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
valid, it may now be terminated inless than 1 month upon notice by
either party thereto. Accordingly, we find that the 1947 contract
does not bar a determination of representatives within the next 30
days pursuant to our usual Direction of Election.2
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning
.of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. TiE APPROPRIATE UNIT
In accordance with an agreement of the parties, we find that all
production employees at the Employer's Peoria, Illinois, plant, ex-
cluding the printing pressmen, foremen, assistant foremen, floorladies
and assistant floorladies, maintenance employees,3 all office employees,
and all other supervisors constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act.
DIRECTION OF ELECTION 4
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Gam Sales Company, Peoria, I11i-
nois, an election by secret ballot shall be conducted as early as possible,
but not later than thirty (30) days from the date of this Direction,
under the direction and supervision of the Regional Director for the
Thirteenth Region, and subject to Sections-203.61 and 203.62, of Na-
tional Labor Relations Board Rules and Regulations-Series 5, among
the employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding the
date of this Direction, including employees who did not work during
said pay-roll period because they were ill or on vacation or temporarily
laid off, but excluding those employees who have since quit or been
discharged for cause and have not been rehired or reinstated prior to
the date of the election, to determine whether they desire to be repre-
sented by International Printing Pressmen and Assistants' Union of
North America, Local Union No. 68, A. F. of L., or by International
Brotherhood of Bookbinders, A. F. of L., for the purposes of collec-
tive bargaining, or by neither.
CHAIRDIAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.
2 See Matter of the 0lover Corp, 72 N L. R B 841 ; Matter of Ellis Canning Company,
67 N L. It. B 384
3 This category includes watchmen , janitors , porters, machinists and carpenters
4 Any participant in the election herein may. upon its prompt request to, and approval
thereof by , the Regional Director , have its name removed from the ballot.